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Jack smith. we know that before mr. smith was appointed, one of the top prosecutors on the january 6th investigation reached out to the defense side, to say that they're going to want to question him. they have not subpoenaed him yet. and it could likely take weeks, if not more, more likely months, for pence to testify, because trump would likely try to invoke some sort of executive privilege argument, to stop trump, being unsuccessful in doing that, but we likely try to do that, to try to stop him from talking. >> paul, if you will, pick up on that, for a moment. talking about the possible im...

Have any precedent for that happening in another case. >> if we take a step back, we should point out that the doj is appealing the special master decision. is there a scenario in which you see that potentially getting overturned? >> yes. there is. or at least limited to what the justice department really wants and that's to have the special master stay away from the classified material, and also have the special master not engage in some sort of analysis of this executive privilege argument that the government doesn't even believe is possible. so the government has appealed the entire order b...

Is quite extreme and frankly pretty silly. >> more immediately, explain the purview of a special master and would it include the classified documents more than 100 found there, or just documents that trump's team would make an argument involve some kind of attorney/client privilege or does it go further? >> well, according to the judge, it's going to cover both attorney/client and executive privilege. that's another reason why the executive privilege argument is kind of silly. which is to say that the president does not have a presidential communications privilege as to classified documents th...

Requested the appointment of a special master and judge can also signaled that she remained open to granting that request. she decided against issuing a final ruling on that. what do you make on her assessment that a third party would not interfere with ongoing investigations. >> she is wrong. one of the things that i tried to do so get people to understand that allowing these trump judges to burrow into our judicial system and stay there without being overtop by many more impartial appointees, is a generational problem for our justice system. drives karen is making a fully trumpian call to ev...

That they had documents that were -- you know, not only top secret but multiple levels of above that in terms of how secretive they were, that the government wanted them back, that they were working with them to try to get those documents back in the federal government's possession, and that there was no viable executive privilege argument. i really have trouble seeing why they thought the release of this was positive. it appears a misstep to release it in my opinion. >> it appears that john solomon even today in an interview with steven bannon is suggesting it is more evidence that this is po...